USER AGREEMENT FOR THE APP
1. DEFINITION OF CONCEPTS
In the text of this Agreement, the above terms are given the following meaning:
"Company", "We", "Our", "Us", or any other similar derivatives (depending on the context) means the following entity: "PIXYZ ALLIANCE" LLC, location address: Republic of Uzbekistan, Tashkent city , Yunusabad district, Chingiz Aitmatov street, 54 , which is the owner of the Application or manages it.
"Application Content" means all items placed by the Company and/or third parties (with the permission of the Company) in the Application, including design elements, text, graphics, illustrations, virtual objects, videos, characters, themes, character names, storylines , dialogs, settings, sound effects, programs, music, sounds, information, notifications and any other similar objects, their collections or combinations.
"Updates" means a software patch or software package for the Application, which is released from time to time by the Company, is offered for free download by Users who already use the Application, and is aimed at fixing non-working functions of the Application, eliminating bugs (errors) in the operation of the Application, or introducing small software components for greater security and compatibility Applications with devices.
"Platform" means the cloud platform on which the Company has placed the Application for its subsequent download by the User. This Application is available for download from the App Store and Google Play.
"Application Software" means the software developed by the Company (and/or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc..
"User", "You", "Your" or any other similar derivation (as the context requires) means the person who (1) uses the Application and accessed the Services; and (2) has agreed to comply with the rules for using the Application, set forth in the text of this Agreement, by using the Application.
"Application" means the following application: Math Learn to Kids, which the User downloads through the Platform on a smartphone or other device.
"Services" means together the Application Content and the Application Software.
"In-app purchase" means the receipt by the User for a fee of additional features and / or functionality for the Application and / or the acquisition of any virtual goods / services within the Application.
2. JOINING THE AGREEMENT
2.1. This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Application and Services.
2.2. The User accepts the terms of this Agreement by continuing to use the Application.
2.3. This Agreement is binding on its parties (i.e. for the Company and the User). Assignment by the User of his rights under this Agreement is possible only after obtaining prior written consent from the Company.
2.4. If you are the legal representative (parent, guardian) of a minor User, in this case you automatically agree on your own behalf and on behalf of such a minor User to the terms of this Agreement.
Notice to Users
2.5. If the User accesses the Application and / or its Services through the Platform or social networks (for example, Facebook, Vkontakte, Odnoklassniki), in this case, the User is automatically considered to be the one who has accepted the terms of the user agreement of such Platform or social network.
2.6. The User acknowledges that his agreement with the mobile network provider (hereinafter referred to as the "Provider") will apply to the User's use of this Application. The User also acknowledges that the Provider may charge the User from time to time for data transfer services when using certain functions of the Application, as well as any other fees and charges arising in connection with such transfer and for which the User undertakes to be responsible. If the User is not the Provider's bill payer on a smartphone or other device used to access the Application, it is assumed that such User has received permission from the bill payer to use the Application.
2.7. The User is the only person responsible for checking and monitoring the compliance of the installed Application with the technical features/capabilities of a smartphone or other device and/or other restrictions that may be applicable to the User and/or his smartphone or other device by third parties, including the Internet provider.
3. APP USERS
General criteria and age
3.1. To use the Application, Users must meet the following criteria (cumulatively):
(1) be at least 3 years old; and
(2) not be restricted in the right to access the Application and Services on the basis of a court decision that has entered into force, or in cases provided for by applicable law or the terms of this Agreement; and
(3) comply with the following conditions / meet the criteria:
Get permission to use the app from parents or guardians;
4. INTELLECTUAL PROPERTY
4.1. The User is granted a non-exclusive, non-transferable, non-sublicensable, ONLY personal (non-commercial) license to the Services (the "User License"). The User undertakes not to use the Services for any other purpose. The User obtains the specified User License ONLY subject to compliance with ALL the terms of this Agreement.
4.2. The User license terminates automatically when the Application is removed from the User's smartphone or other device. Nothing in the text of this Agreement should be construed as a right for the User to obtain any other license to use intellectual property objects owned or owned by the Company, except for the one provided above..
Company intellectual property
4.3. The Company owns all and all property rights, including intellectual property rights, to all Application Content, as well as the Application Software. Application Software and Application Content are protected by copyright in the manner prescribed by the current civil legislation of the Republic of Uzbekistan, as well as international treaties and conventions in the field of protection of intellectual property.
4.4. USERS ARE PROHIBITED to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transmit, sell (in whole or in part), alienate in any way for a fee or free of charge, sublicense, distribute in any way or use the Application Content and the Application Software, except when such actions are DIRECTLY permitted by the terms of this Agreement or the current legislation of the Republic of Uzbekistan.
4.5. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Application Content (in whole or in a separate part) and/or the Application Software.
4.6. The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in this Agreement shall be construed as granting any license to the User to use such Trademarks.
5. HOW TO WORK WITH THE APP
5.1. The User undertakes to comply with the following rules when working with the Application:
(1) comply with all obligations assumed by the User in connection with accession to this Agreement; and
(2) not perform any actions (with or without automation tools) aimed at collecting any personal data of other Users; and
(3) not take any action or assist third parties in taking actions aimed at disrupting the operation of the Application and/or Services, including, but not limited to (a) uploading viruses or malicious code; (b) take actions that may lead to the disabling of the Application and / or Services, to disrupt the normal operation of the Application or its software, or to degrade the appearance of the Application and / or Application Content.
(4) not take any other action that is illegal, fraudulent, discriminatory or misleading.
5.2. The Services may from time to time include some virtual objects that the User may "earn"/receive during the game. The User is hereby deemed to have been duly advised that such virtual objects (1) exist solely within the Application and are not intended to be used in real life; and (2) have no value/value other than what they have in play; and (3) The Company may at any time, without any prior notice, delete, reset, change and/or modify them without prior notice and/or providing any compensation to the User.
5.3. The Company releases itself from any liability for harm, loss, loss of profit, loss of reputation and / or any other damage caused to the User by the loss, loss, deletion, nullification, disappearance of any virtual objects due to (1) a technical malfunction or failure of the Application, or (2) installation of Updates, or (3) deletion of the User's account due to violation of the terms of this Agreement, or (4) removal by the User of the Application on a smartphone or other device.
Feedback on the application
5.4. Each User has the right (but not the obligation) from time to time to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such feedback can be sent by the User in the following way:
(1) Leave a review for the app on the app store platform;
(2) E-mail: firstname.lastname@example.org
5.5. In the event that such an idea, feedback, suggestion or project is submitted, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sub-licenses to store, use, distribute, modify, launch, copy, publicly perform or display , translating your ideas, feedback, proposals or projects, as well as creating derivative works based on them.
5.6. Any such information provided to the Company is automatically treated as non-confidential.
6. ADVERTISING IN THE APP
Placement of advertising by the company
6.1. The Company has the right to place any advertising or marketing materials from time to time.
Placement of advertising by third parties
6.2. Application Content may contain links to third party websites and/or promotional or marketing materials about goods/services provided by such third parties ("Third Party Ads"). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD PARTY ADVERTISING OR FOR THE AVAILABILITY, QUALITY AND SAFETY OF PRODUCTS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY LOSS, LOSS, OR DAMAGE WHEN SUFFERED OR CAUSED BY THE USER AS A RESULT OF THE USER'S READING SUCH ADVERTISEMENTS, THEIR USE OF THE PROMOTED THIRD PARTY PRODUCTS/SERVICESГ.
6.3. In case of transition to another site through the placed Advertisements of third parties, the Company cannot guarantee that such a website is safe for the User and/or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use Third Party Advertising, visit any third-party websites, as well as try, purchase, use any goods/services of third parties.
7. PAYMENT THROUGH THE APP
7.1. The application does not provide the ability to purchase any goods / services through it.
8. MAKE IN-APP PURCHASES
8.1. It is possible to make In-app purchases within the Application.
8.2. The user is responsible for making the purchase decision.
9. ACCESS TO THE APP
9.1. The Company reserves the right to change or modify the Application Content at any time without giving a reason, at its sole discretion and without the need to notify the User about it. The Company also reserves the right to modify, interrupt or discontinue part or all of the Application at any time without any further notice. In connection with the foregoing, the Company does not assume any responsibility to the Users or third parties for any changes, modifications, deletions, cancellation, termination or interruptions in the operation of the Application.
9.2. The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter hardware, application software, or other issues that may require time for the Company to investigate and resolve such issues. Such troubleshooting may result in crashes, delays or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, discontinue or otherwise change the Application at any time or for any reason without prior notice. The User agrees that the Company shall not be liable for any loss, damage or inconvenience caused by the User's inability to access or use the Application during the downtime or termination of the Application. Nothing in this Agreement will be construed as obliging Us to keep the Application running without interruption or interruption.
9.3. The Company may from time to time provide Updates and require them to be installed on the User's smartphone or other device. In this case, the User is the sole responsible person for installing Updates and is fully responsible for any losses, losses, damages or lost profits caused to the User by untimely installation of Updates or failure to install them at all, incompatibility of installed Updates and a smartphone / other device. The Company does not provide any technical support or Internet connection to the User to be able to access the Services and/or their Updates.
9.4. The User has the right to stop using the Application at any time by deleting it from his smartphone or other device.
9.5. In the event of (1) a violation by the User of the terms of this Agreement or when the Company has reasonable grounds to believe that such violations have been committed; and/or (2) violation of the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Application or the ability to use the Application by other Users; and/or (4) the User is using the Services or the Application in a way that may give rise to legal liability for the Company in the future; and/or (5) if required by applicable law or a competent state authority, the Company has the right to terminate (stop) the User's access to the Application and Services at any time without prior notice by deleting his account.
In the event of the circumstances set out in the previous paragraph, the User is prohibited from creating any other accounts in the Application in the future.
9.6. In all cases of deleting the User's account or deleting the Application from the User's smartphone or other device, all data and information posted by the User in the account and / or associated with it will be permanently deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or loss of profit caused to the User by such deletion and / or lack of access to the Services in general.
10. ASK A QUESTION
10.1. If you have any questions regarding the terms of this Agreement or the procedure / method of their execution, you can address your question to us in the following way:
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
11. A RESPONSIBILITY
11.1. IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, RANDOM, UNINTENTIONAL DAMAGE, INCLUDING LOST BENEFITS OR LOST DATA, HARM OF HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED BY THE USE OF THE APPLICATION, SERVICES OR OTHER MATERIALS TO WHICH THE USER OR OTHER PERSONS GAINED ACCESS THROUGH THE APPLICATION, EVEN IF THE COMPANY WARNED OR WARNED OR POINTED TO THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER-POSTED CONTENT, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESS TO THEM HAS BEEN PROVIDED THROUGH OUR APP) TO WHICH THE USER IS; and
(3) in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
11.2. Our liability for anything related to the use of the Application and/or Services is limited to the extent permitted by applicable law.
12. SETTLEMENT OF DISPUTES
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner established by the current legislation of the Republic of Uzbekistan.
13. FINAL PROVISIONS
13.1. We may revise, amend or change the terms of this Agreement from time to time. Such changes are generally not retrospective. In the event of such a revision, addition or change, the Company undertakes to notify the Users 7 calendar days before the entry into force of such changes by publishing the relevant information directly in the Application itself.
If, after the changes or additions made in the text of the Agreement, the User continues to use the Application, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.2. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of the current legislation, the property code of the Republic of Uzbekistan applies to the terms of this Agreement.
13.4. If one or more terms of this Agreement become invalid or invalid under applicable law, the remaining terms of the Agreement do not lose their force and continue to operate as if the invalid or invalidated term did not exist at all.
13.5. Access to the Application and its Services is provided to the User "as is", We do not promise, guarantee, imply that the Services and the Application may or may not suit Your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences resulting from your use of the Application and its Services.